PROFESSIONAL ETHICS — Solicitor’s Authority — Complete Control Over Conduct of Case — Litigant’s Remedy
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Makun & Ors v. FUT, Minna (2011) NLC-123-241-2002(SC) at pp. 36—37; Paras E—A:
"Once counsel is briefed to handle a case, he has complete control over the case, to decide in his own understanding of the Law how to conduct the case or handle the brief. He can compromise the case, or submit to judgment. The remedy open to the litigant is to withdraw the brief from him and seek the services of another counsel or sue for professional negligence."
Explanation / Scope
This principle establishes that once counsel is briefed, they have complete control over the conduct of the case, including compromising or submitting to judgment. The litigant’s remedy is to withdraw the brief, engage another counsel, or sue for professional negligence. The principle applies where counsel’s conduct is in issue. It ensures that counsel’s authority is respected. The principle reflects the professional relationship. It prevents litigants from interfering with counsel’s conduct. The court must recognize counsel’s authority. The principle provides guidance on the solicitor’s authority.